ABSTRACT: Despite the fact that non-price vertical restraints are
part of everyday commercial life, Australian courts have had few
occasions on which to assess their anti-competitiveness. Relevant
US antitrust jurisprudence is, by contrast, far richer. Two
Australian reform bodies have recommended that the non-price
vertical restraint provisions of the Australian legislation be
amended, which would bring the Australian provisions more into
line with those in the United States. Whatever the fate of these
reforms, US law will inevitably influence Australian
developments. Accordingly, the object of this article is to
analyse US jurisprudence on non-price vertical restraints in
order to determine what it has to offer Australian law.